Individuals with Disabilities and Professional Education Programmes: An analysis of legislation, court rulings and policy

Abstract

Despite the protection provided by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, there remain barriers to inclusion of people with disabilities in institutions of higher education and in particular in professional programmes. Focusing on the case, Ohio Civil Rights Commission v. Case Western Reserve University (1996), this paper presents legal actions that are helping to clarify the policies protecting people with disabilities from exclusion from institutions of higher education. In particular, the paper focuses on a legal decision from the Ohio Supreme court affirming the right of Case Western Reserve's Medical School to reject a blind woman for admission to the medical school. By analysing this case using a policy analysis framework, the paper discusses the present impact and concerns for the future of these pieces of federal legislation on people with disabilities related to inclusion in institutions of higher education.